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Commission denies sidewalk waiver but allows deferred installation for Saddle Creek Farms with financial security
Summary
The Planning Commission denied a request to waive the required perimeter sidewalks for the Saddle Creek Farms 14‑lot rural subdivision but approved a deferral of the sidewalks if the developer posts financial security (performance bond, irrevocable letter of credit or escrow) determined by town staff and based on engineer estimates.
The Zionsville Planning Commission on Sept. 15 considered a primary plat and development plan for a 14‑lot subdivision in the Rural Equestrian (RE) district and took two related actions on pathway requirements. The commission denied a requested permanent waiver of the required perimeter sidewalks but conditionally approved a deferral of installation if the subdivider posts a performance bond, an irrevocable letter of credit or escrow adequate — as determined by town staff and based on an engineer’s estimate — to guarantee future construction when the town requires it.
Project and waiver request: petitioner Davis Homes sought primary plat approval to split roughly 58.8 acres into 14 lots served by private drives, with most lots greater than 3 acres. The developer asked for a waiver of the subdivision control ordinance’s perimeter-path requirement, citing the rural context, lot sizes and fragmented adjacency (minor subdivisions and existing lots bordering parts of the parcel).
Commission action and reasoning: commissioners and staff discussed the tradeoffs between preserving rural character and reserving municipal authority to require paths in the future. Staff recommended denying a straight waiver for a major subdivision but noted the commission has previously deferred sidewalk installation in limited cases. After deliberation the commission voted to deny the waiver request and then approved a conditional deferral requiring the subdivider to post security adequate to ensure the town can enforce future installation if and when it is required. The town’s code directs that the subdivider shall post such a performance bond or letter of credit guaranteeing completion “upon demand by the town.”
Security and timing: the commission’s motion required that the bond or irrevocable letter of credit be posted prior to secondary plat recording; the timing for triggering construction of the pathway will be determined by the town (for example, when contiguous path connections exist or when the town establishes a need). Staff will calculate an engineer’s estimate of cost and specify the bond or credit amount. The developer and staff discussed allowing substitution between a bond and a letter of credit over time, with town approval.
Why it matters: commissioners emphasized that reserving the right to require pedestrian connectivity protects future safety and mobility options, and avoids creating a permanent gap in the town’s pathway network. Several nearby residents supported the rural character and had asked for a waiver; the commission balanced those local preferences against long‑term connectivity needs.
Other items: commissioners also reviewed minor site‑plan details such as pond shaping and location of frontages; the petitioner agreed to adjust pond edges for a more natural shape and to clarify home orientations along Cooper Road.
Speakers quoted in this report are identified from the meeting record.
